Sample Business law in UK Assignment

Added on - 12 Jan 2021

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Business law
Table of ContentsINTRODUCTION...........................................................................................................................1SECTION 1......................................................................................................................................1TASK 1............................................................................................................................................1A).Presenting meaning of the phrase parliaments sovereignty and sources of various law inUK...............................................................................................................................................1B) Role of government making law and application of common and statutory law in justicecourt............................................................................................................................................3C) impact of different forms of a business organisation and consequences of not following thesame.............................................................................................................................................4TASK 2............................................................................................................................................6Presenting different forms of business organization...................................................................6SECTION 2......................................................................................................................................8CASE 1...........................................................................................................................................8Advising appropriate legal solution............................................................................................8CASE 2............................................................................................................................................8Suggesting suitable legal solution...............................................................................................8CONCLUSION..............................................................................................................................10REFERENCES..............................................................................................................................11
INTRODUCTIONBusiness law defined different laws and regulation that a business needs to abide withwhile carrying out it activities and operations. Theses laws and statues are related withformation and running of company, health and safety, employment, anti discrimination, equality,national minimum wages and so on. In the UK, there are different types of laws and all thesesgets its content from different courses. The Parliament in the UK is still considered as supremepower and all this is discussed in the section 1 of this project. Along with this the stages on howa political discussion lead a bill to form in a law, the application of statutory and common law inthe justice court is discussed. The requirement of employment and contract law and thereapplication in business and impact when these are non followed is also presented in the report.The difference between incorporated and unincorporated business is discussed, with differenttypes of business organization and how they are managed and funded.In section 2 of the project legal advice is given for two difference case laws and for thesame alternative advice is also presented. The alternative solution is presented under ADR toresolve the dispute and the reason for using same is also explained.SECTION 1TASK 1A).Presenting meaning of the phrase parliaments sovereignty and sources of various law in UKSovereignty:The term sovereignty can be defined as the supreme power or the authority given to aperson or to a specific body. This is a political concept under which a supreme power is givenwhere the body or persons whom that power is conferred have ultimate and absolute power tomake decision regarding to a particular defined task. Sovereignty is the full right and power of agoverning body with no outside interference.Parliamentary sovereignty:In UK, parliament is the principle given through the constitution of UK. The concept ofparliament sovereignty makes the parliament a supreme legal authority of UK over the conceptof law making. The parliamentary supremacy vests power to create or end any law in the UK.The court do not have any authority to overrule and statue made through the act of parliament.Moreover, a parliament do not have a power to make such a law that binds the futureparliamentary authorities for making changes in the laws. The power given to the parliament is1
absolute and ultimate as no one can change it even not the parliamentary authorities themselves.The UK constitution is unwritten but almost all the laws and statues are present in written fromknown as statues law (Gee and Young,2016). This means the UK constitution is partly writtenand partly unwritten as is uncodified, which means UK does not have a single, writtenconstitution.Example why parliament is said to be sovereign:Certain acts in recent times such as Human Rights act 1998, the UK's entry to EU in1973, the decision established by supreme court in 2009 ending the role of house of lords in finalcourt of appeal have raised question over the parliamentary supremacy. But this developments donotaffect this fundamental power and do not underpin the principle of parliamentary sovereignty.The parliament has a power to repeal the laws that implements such changes.The law in UK and their sources:The different type of law with their sources present in theUK areStatutory law:Thestatute laws defined as the rules, regulation and provision related todifferentaspects that it civil or criminal. The laws provide the definition on commencements ofan offense or crime, prosecution and punishments related to it. (How are laws made?2018). Thesources for statues are the act of Parliament and delegated legislation. In the former one,parliaments makes a law over a subject matter through following the defined procedure. Thestatues so forms are absolute in nature which must be adhered by all courts in UK. Another waythrough which statues are made is the delegated legislation, in this the parliaments deletedcertain powers to make laws to the ministers, public bodies, government authorities. They makeslaws and legal provisions in a particular matters which can be applicable to particulars area or astate.Common law:This includes civil and criminal laws which defined the legal frameworkto solve the cases including civil wrong and criminal offences. The court is required to pass adecision on a law suit with making reference to the previous decided case laws over the samesubject matter. The decision of a higher courts gains a binding effect on the lower court throughdoctrine of judicial precedent. The common laws get its legal provision through the decided caselaws by the higher level of court both in civil as well as criminal matter.Equity law:Itcan be denoted as the justice system that exercises the extraordinaryjurisdiction which is administrated by the court of chancery. Under this law, preference are2
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